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Updated Will Guide: Essential Information for All Family Structures

Comprehensive guide to updating your will for blended families, same-sex couples, parents, and individuals with significant assets. Learn why an updated will is crucial for protecting your loved ones and assets.

Introduction

An updated will is one of the most important legal documents you can create to protect your family and assets. This legal instrument ensures your wishes are carried out after your passing, providing clear instructions about how your property should be distributed, who will care for minor children, and how your affairs should be managed. Without an updated will, state laws determine what happens to your assets and dependents, which may not align with your intentions. This guide explains the importance of keeping your will current, especially for blended families, same-sex couples, parents with minor children, and individuals with significant assets. Understanding the basics of an updated will can help you make informed decisions to protect your loved ones and provide peace of mind for your family's future.

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Key Things to Know

  1. 1

    Without an updated will, state intestacy laws determine how your assets are distributed, which may not align with your wishes for your family members.

  2. 2

    For blended families, an updated will is essential to ensure all children (biological and step-children) are provided for according to your intentions.

  3. 3

    Same-sex couples benefit from the legal protections an updated will provides, especially in regions where legal recognition may be evolving.

  4. 4

    Naming guardians for minor children is one of the most important functions of a will for parents.

  5. 5

    Your will should be reviewed and potentially updated after every major life event (marriage, divorce, birth of children, significant asset acquisition).

  6. 6

    For those with significant assets, an updated will should work in conjunction with trusts and other estate planning tools to minimize taxes and maximize asset protection.

  7. 7

    Digital assets, pets, and sentimental items should be specifically addressed in your updated will to avoid confusion or conflict.

  8. 8

    Working with an estate planning attorney familiar with your specific family structure is highly recommended to ensure your will accomplishes your goals.

Key decisions before you file

Before you file a Updated Will in Arizona, a few decisions shape the document: which option to choose and what each one means. The Updated Will guide walks through them.

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Arizona Requirements for Updated Will

  • Testamentary Capacity (A.R.S. § 14-2501)

    Under Arizona law, the testator must be at least 18 years old and of sound mind when creating a will. Sound mind means understanding the nature and extent of property, the natural objects of one's bounty, and the disposition being made.

  • Will Execution Requirements (A.R.S. § 14-2502)

    An Arizona will must be in writing, signed by the testator (or by someone else at the testator's direction and in their presence), and witnessed by at least two competent witnesses who also sign the will.

  • Holographic Wills (A.R.S. § 14-2503)

    Arizona recognizes holographic (handwritten) wills, which must be written entirely in the testator's handwriting and signed by the testator. No witness signatures are required for holographic wills.

  • Self-Proved Wills (A.R.S. § 14-2504)

    A will may be self-proved at the time of execution by attaching an affidavit signed by the testator and witnesses before a notary public, eliminating the need for witness testimony during probate.

  • Revocation of Wills (A.R.S. § 14-2507)

    A will or any part of it may be revoked by a subsequent will that revokes the prior will explicitly or by inconsistency, or by performing a revocatory act on the will with the intent to revoke it.

  • Revival of Revoked Will (A.R.S. § 14-2509)

    A will that was revoked can only be revived if it is re-executed or incorporated by reference in a later will.

  • Omitted Spouse Provision (A.R.S. § 14-2301)

    If a testator marries after making a will and the will does not provide for the spouse, the omitted spouse is entitled to receive a share of the estate as specified by statute, unless it appears the omission was intentional.

  • Pretermitted Children Provision (A.R.S. § 14-2302)

    Children born or adopted after the execution of a will who are not provided for in the will are entitled to a share of the estate as specified by statute, unless it appears the omission was intentional.

  • Divorce Effect on Will (A.R.S. § 14-2804)

    Divorce or annulment revokes any provisions in a will in favor of the former spouse, unless the will expressly provides otherwise.

  • Personal Representative Appointment (A.R.S. § 14-3203)

    The will should name a personal representative (executor) to administer the estate. Arizona law establishes priority for appointment if none is named or the named person cannot serve.

  • Guardian Appointment for Minor Children (A.R.S. § 14-5202)

    A will may appoint a guardian for minor children. The court will generally honor this appointment unless it determines the appointment would be contrary to the best interests of the minor.

  • No-Contest Clause (A.R.S. § 14-2517)

    Arizona recognizes no-contest clauses (in terrorem clauses) that can disinherit beneficiaries who challenge the will, though these clauses are unenforceable if probable cause exists for the contest.

  • Simultaneous Death Provision (A.R.S. § 14-2702)

    Under the Uniform Simultaneous Death Act, if the order of deaths cannot be determined, each person is deemed to have survived the other for purposes of disposition of their property.

  • Federal Estate Tax Compliance (26 U.S.C. § 2001 et seq.)

    The will should include provisions addressing federal estate tax issues, including marital deductions, applicable exclusion amounts, and generation-skipping transfer tax considerations.

  • Digital Assets Provision (A.R.S. § 14-13101 et seq.)

    Arizona has adopted the Revised Uniform Fiduciary Access to Digital Assets Act, which allows a testator to give directions for the disclosure of digital assets to fiduciaries in a will.

  • Small Estate Affidavit Procedure (A.R.S. § 14-3971)

    Arizona provides a simplified procedure for small estates. The will should acknowledge this option for estates valued at less than $75,000 in personal property or $100,000 in real property.

  • Ademption Provision (A.R.S. § 14-2606)

    Arizona law addresses ademption (when specifically bequeathed property is no longer in the estate at death). The will should clarify the testator's intent regarding substitute gifts.

  • Choice of Law Provision (A.R.S. § 14-2703)

    For testators with property in multiple states, the will should include a choice of law provision specifying that Arizona law governs the interpretation and administration of the will.

  • Anatomical Gift Provision (A.R.S. § 36-848)

    Arizona allows anatomical gifts to be made in a will, though other documents may be more practical for this purpose since the will may not be read until after burial.

  • Funeral and Burial Instructions (A.R.S. § 32-1365.01)

    While funeral and burial instructions in a will are not legally binding in Arizona, they may be followed if discovered in time. A separate document is recommended for these instructions.

Frequently Asked Questions